일본의 船主社와 運航社 분리운영 구조에 관한 연구 -한국의 국적취득조건부선체용선 구조와의 비교를 중심으로-

Korean maritime merchant operates its business with the BBCHP vessels. By paying total installments equal to the vessel's sale prices it obtains the title of the vessel at the end of the charter period. The actual owner borrows moneys from the bank and establishes a SPC abroad which, in turn, enters into the contract for the BBCHP by itself on the vessel with the SPC. On the other hand, under the Japanese owner - operator scheme, the actual owner establishes a SPC abroad but it appears as a manager. It does not want to obtain the title of the vessel at all. The SPC enters into the contract of the time charter party with the operator. In this article, the author tries to compare Korean structure of the vessel owning and operation together with those of Japan. Under the Japanese scheme, the operator does not have heavy burden on interest payment against the banks, but it is only required to pay charterage. But the SPC and actual owner as the manager face lots of legal liability because it hires crews and has duty to maintain the vessel. The obligation of vessel's management falls upon the SPC. However, under the KoreanBBCHP scheme, the liability of the SPC can be reduced because the vessel is bare boat chartered out to the charterer. The bank's position does not differ very much between two schemes but it depends on the capability of the time charterer's payment rather than the real owner of the vessel in the BBCHP case. The increase of number of owners may contribute to the extension of Korean shipping industry. Japanese scheme may be a good model to reshuffle 15 Korean coastal container companies. Under new scheme, several companies may become an owner company with ship management function without operating vessels.